3D Realms, the beleaguered original developer of Duke Nukem Forever, will be acquired by a Danish firm that had been set to publish a new Duke Nukem game until both were sued last week by Gearbox Software.

"We have acted in good faith and are working towards a resolution,"says the CEO and game director of Interceptor Entertainment, which was due to publish a Duke Nukem game by 3D Realms before Gearbox Software filed a lawsuit Friday. "We are not all out of gum."

The studio that spent 12 years unable to finish Duke Nukem Forever and the one that finally did in 2011 are back in court again, this time over a Duke Nukem game for PC and PlayStation that was teased earlier this month.